FOOD AND HEALTH ESSENTIALS

Food packaging requirements in Brazil

Pre-packaged food offers consumers around the world access to a wider variety of safe and nutritious foods and food products. And, with retail food sales in Brazil approaching $100 billion (U.S.) annually1, global food producers, distributors and retailers are increasingly exploring ways to expand their access to this important and growing market for pre-packaged foods.

However, ensuring compliance with Brazil’s food packaging requirements is a prerequisite for company’s seeking to take advantage of the market opportunities there. In this article, we’ll provide a summary of regulations currently applicable in Brazil to materials used to package food and food products.

Background

Brazil’s food packaging regulatory structure largely reflects its commitments to it regional and international trading partners. As a member of the World Trade Organisation (WTO), Brazil subscribes to both the WTO’s Sanitary and Phytosanitary (SPS) Agreement, as well as to Codex Alimentarius (CODEX) principles. In addition, Brazil is also a member of the Common Market of the South (also known as Mercosur), a consortium whose members include Argentina, Paraguay, Uruguay and Venezuela.

The government of Brazil has a number of ministries and agencies that share overall responsibility for the safety of domestic and imported foods, but ANVISA (the National Health Surveillance Agency) is responsible for the development and enforcement of regulations applicable to most types of packaged food products, including regulations applicable to food packaging materials. Specifically, under Article 8 of Law No. 9782/99, ANVISA is empowered to regulate, control and supervise products and services involving public health risks, including food packaging, as well as the physical facilities and technologies involved in the food production process.

Under ANVISA regulations, packaging and equipment intended for direct contact with food shall not produce undesirable, toxic or contaminant components in quantities exceeding the maximum limits established by current legislation. Therefore, packaging materials must control the overall or specific migration that may represent a risk to human health, and/or cause changes in the composition of a food or food product or its sensorial characteristics.

Regulations Applicable to Packaging

Specific legislation covering the sanitary aspects of food packaging is organised by the type of packaging material, that is, polymeric, cellulosic, metallic, glass, textile or elastomeric. Here is a summary of the applicable regulations according to packaging material type:

General regulation on packaging and materials in contact with food

Resolution - RDC No. 91 of 11 May 2001 approves the Technical Regulation "General Criteria and Classification of Materials for Packaging and Equipment in Contact with Foods"

Food contact adhesives

Resolution - RDC No. 91 of 11 May 2001 approves the Technical Regulation "General Criteria and Classification of Materials for Packaging and Equipment in Contact with Foods"

Waxes and paraffins

Resolution No. 122 of 19 June 2001 approves the Technical Regulation on Waxes and Paraffins in Contact with Foods

Cellulosic packaging

Resolution - RDC No. 88 of 29 June 2016 approves the technical regulation on materials, packaging and cellulosic equipment intended to come into contact with food and other provisions

Resolution - RDC No. 89 of 29 June 2016 approves the technical regulation on cellulosic materials for hot cooking and filtration and other measures

Resolution - RDC No. 90 of 29 June 2016 approves the technical regulation on materials, packaging and cellulosic equipment intended to come into contact with food during cooking or heating in the oven and makes other arrangements

Ordinance No. 177 of 4 March 1999 approves the Technical Regulation "General Provisions for Packaging and Cellulosic Equipment in Contact with Foods"

Resolution No. 51 of 26 November 2010 deals with migration in materials, packaging and plastic equipment intended to come into contact with food

Resolution No. 52 of 26 November 2010 disposes of colourants in packaging and plastic equipment intended to be in contact with food

Resolution No. 41, dated 16 September 2011 provides for the prohibition of the use of bisphenol A in feeding bottles for infants and makes other provisions. Repealed by Resolution RDC n. 56/2012 56/2012

Resolution No. 56 of 16 November 2012 provides on the positive list of monomers, other initiators and polymers authorised for the preparation of plastic packaging and equipment in contact with food

Additives for plastic packaging

Resolution - RDC No. 17 of 12 January 2008 provides on Technical Regulation on Positive List of Additives for Plastic Materials for the Development of Packaging and Equipment in Contact with Foods

Glass and ceramic packaging

Ordinance No. 27 of 13 March 1996 approves the Technical Regulation on packaging and glass and ceramic equipment in contact with food, not metallic

Packaging for fresh vegetables

Joint Instruction No. 9 of 12 November 2002 provides for packaging intended for the packaging of vegetables

Harmonisation of Regulations

As previously noted, Brazil is a consortium partner with other South American countries in Mercosur. As a result, regulations applicable to food packaging materials in Brazil are harmonised with those of Mercosur and other consortium partner nations. The information in Table 1 cross-references the Mercosur regulation with its counterpart regulation in Brazil.

Packaging and equipment of fluorinated Polyethylene in contact with food

Ordinance n.105/99 – Annex VIII

Plastic

There is no equivalent resolution in Mercosur

General Criteria for Fixed EquipmentProvision, Storage and Distribution of Drinkable Water

Ordinance n.105/99 – Annex VII

Cellulosics

GMC n. 40/2015

Overall provisions on cellulosic materials

Positive list of cellulosic materials

Overall migration in cellulosic materials

Migration of Fluorescent Bleachers in Paper and Cardboard

Migration of dyes in Paper and Cardboard

Recycled Cellulosic Materials

RDC 88/2016

Cellulosics

GMC n. 41/2015

Cellulosic materials for filtration and hot cooking

RDC 89/2016

Cellulosics

GMC n. 42/2015

Cellulosic materials for baking or heating in oven

RDC 90/2016

General

GMC n. 27/99

Adhesives for packaging

RDC n.91/2001

General

GMC n.32/99

Analytical Reference Methodologies for Packaging Control

RDC n.123/ 2001 – Annex II

Metallic

GMC n. 46/06

Metallic Materials

RDC n.20/2007

Glass and Ceramics

GMC n.55/92

Glass and ceramic materials in contact with food

Ordinance SVS/MS n.27/1996

Regenerated cellulose

GMC n.55/97

Films of regenerated cellulose

RDC n.217/2002

Regenerated cellulose

GMC n. 68/00

Regenerated Cellulose Casings

RDC n.218/2002

Waxes and paraffins

GMC n. 67/00

Waxes and Paraffins

RDC n.122/2001

Elastomeric

GMC n. 54/97

GMC n. 28/99

GMC n. 32/99

Elastomeric

RDC n.123/2001

In general, Mercosur regulations are also harmonised with food packaging requirements in the European Union (EU), the U.S. (the U.S. Food and Drug Administration, or FDA) and Germany (the German Institute for Risk Assessment, or BfR), as well as other countries around the world. This helps to ensure that compliance with packaging requirements in one jurisdiction will make it easier to gain acceptance in Brazil.

Conclusion

As a major importer of pre-packaged food and food products, Brazil represents an important market opportunity for global food producers, distributors and retailers. Food packaging regulations in Brazil are extensive, but generally harmonised with packaging requirements in most other major jurisdictions around the world. However, ensuring compliance with specific requirements will benefit from seeking counsel from an experienced entity with knowledge of the packaged food industry as well as details regarding Brazil’s market access requirements.

For more information on how TÜV SÜD can assist your company in achieving compliance with Brazil’s food packaging requirements, email us at food@tuv-sud.com . Or, find out more about our food packaging solutions here.

[1] “Global Agricultural Information Network Report—Brazil,” a report by the Foreign Agricultural Service of the U.S. Department of Agriculture (USDA), December 29, 2016. Available here (as of 6 June 2017).